Foundations and elements of self-defense

Abstract

The aim of this article is to elucidate how the dual foundation of self-defense is expressed through the objective and subjective elements of justifying circumstances through a comparative study between sections 4, 5, and 6 of article 10 of the Chilean Criminal Code and article 20.3 of the Peruvian Criminal Code. The article concludes that the subjective element is an expression, to a great extent, of individual legal protection, while the objective element, mostly, is an expression of socio-legal protection. This research seeks to contribute to the understanding of self-defense, at the level of comparative law between Peru and Chile, from the foundations that make it possible to the elements that constitute it.